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Approximately 100 of the 145 lobstermen in the easternmost of Maine’s seven lobster zones—Zone A extends from Gouldsboro to the Canadian border—gathered in the Beals Elementary School gymnasium May 14, anointed themselves the Downeast Apprentice Association. Photo: Nancy Beal
Aspiring Zone A lobstermen, who entered the apprentice program before the issuance of licenses was stopped last October and see themselves locked out of an industry into which many of them have already put much time and money, are seeing red and opening their wallets in hopes of soon being able to fish the deep blue.

Aspiring Zone A lobstermen, who entered the apprentice program before the issuance of licenses was stopped last October, see themselves locked out of an industry into which many of them have already put much time and money. They are seeing red and opening their wallets in hopes of soon being able to fish the deep blue.

Approximately 100 of the 145 lobstermen in the easternmost of Maine’s seven lobster zones—Zone A extends from Gouldsboro to the Canadian border—gathered in the Beals Elementary School gymnasium May 14, anointed themselves the Downeast Apprentice Association, elected officers (John Cox of Jonesboro and Larry Pinkham of Harrington), and promised to follow up with dues and donations. Most of the money will be used to pay for the services of an attorney to help with the legalities of their situation.

Since 1997, eligibility for a new Class I lobster license is gained through completion of an apprentice program, during which time those in the program work under a licensed lobsterman, put in required sea time and shore time working on gear. Apprentices keep run of their time in a log book, which is signed off on by their supervisors and submitted to the Department of Marine Resources (DMR). If all the elements of the program have been satisfied, apprentices then go on a waiting list in the zone in which they want to fish and, when an opening comes up and their name is at the top of the list, they get licensed.

Most zones have exit ratios; a specified number of licenses must be retired before a new one can be issued. For example, a three-to-one ratio means that three licenses must be retired before one can be issued. Until last fall, Zone A had no such limited entry; anyone eligible for a license paid the fee, got the license and went fishing. Last year, however, the Zone A council voted to explore how fishermen in their zone felt about limited entry. Surveys revealed sentiment in favor of it, and, last October, according to the statute governing the establishment of exit ratios, a moratorium on new licenses was put into place. Zone members also decided to implement an exit ratio.

The law has no provision for those who have entered the apprentice program prior to such a moratorium, expecting to be eligible for a license at the completion of the program, which generally takes two years.

Zone A Takes Action
Apprentices in Zone A did not accept being denied the license they thought they had been promised, and a handful took the initiative to redress what they perceived as a wrong. Bradley Peabody of Machias and Mike Danforth of Addison, long-time colleagues in the quahog fishery, asked the DMR for a list of those in the apprentice program. They got the list—after paying $40—and sent a mailing to all 145 in Zone A, inviting them to the May 14 meeting in Beals. At least two-thirds of those invited showed up.

Peabody, a product of the Moosabec area and a mariner for most of his 45 years, chaired the meeting with Danforth. Peabody said he started lobster fishing with his grandfather in 1965, but lost his license 30 years later for lack of lobster landings when he was quahogging. After getting out of the quahog fishery, in 2002, he entered the lobster apprentice program under his brother, expecting to be re-licensed when done. “We got screwed,” he said, of the licensing shut-down. “If I have to wait for a three-to-one [exit ratio], I’ll be dead 15 years.”

Peabody said that part-timers don’t have to show proof of landings, yet retain their licenses. Others hold licenses but don’t use them, he said, and should be retired to create openings for those qualified who would. Another man noted that even students can get licensed to fish 150 traps.

Danforth spoke of bad faith. “If I knew when I entered the apprentice program that there was an exit ratio [in place], I wouldn’t complain,” he said, “but we got cheated. The DMR does have a job to do in controlling [fishing effort], but this was different.” He also blamed changes in the make-up of the Zone A council for the push to limited entry. James Kennedy of Harrington echoed Danforth’s suggestion. “Is it conservation or personal gain?” he said he had been asking since a previous meeting in Machias, without getting an answer.

Bringing in a Lawyer
Peabody said a Bangor lawyer with whom he and Danforth had conferred had been researching the law surrounding apprenticeship and limited entry for the past month and “thinks we would win hands down,” challenging the constitutionality of the law. Asked how much it would cost, he said he had been quoted between $30,000 and $35,000. The attorney asked Peabody and Danforth to call a fishermen’s meeting and see what support there was for such a challenge, or for at least securing a guarantee that mid-program apprentices are grandfathered so that they can get licensed at the end of their programs.

One fisherman asked if challenges had been raised in other zones. “Nobody’s got the cajones to do it,” Peabody replied. “The DMR won’t fight if 195 guys are against them,” remarked a fellow near the back of the full bleachers. “Other zones will come on board,” suggested Robert Johnson of Addison.

For now, the Zone A group is most interested in preserving their own chance to grab the licenses they thought would be available when they completed the apprentice program, rather than in trying to overturn the law. It is rumored that voting on an exit ratio in Zone A could come as early as next month, so, after Peabody, Danforth and the new officers confer with their lawyer, they will have to take swift action. Another meeting will probably be scheduled for early in June.

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